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Understanding the Australian Legal System by John Carvan Pdf
A concise account of the language and structures of the Australian legal system for those who want a succinct yet thorough approach to this subject. Contents include: studying law, the law-making process, the legal system, precedent, the interpretation of statutes, contracts and commercial dealings and more.
Understanding the Australian Legal System by Donald James Gifford Pdf
The purpose of this book is to set out in plain language what people need to know about Australian law. its institutions. and its operation. Among other topics. it covers the nature of law. how cases are tried. the jury system. the punishment of offenders and limitations on the effectiveness of the legal system. This book will be of value to law students and students of politics. accountancy and commerce.
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Nutshells are ideal as an introduction to an area of law or as a brush up in preparation for exams. Concise; Clear explanations; Key cases; Legislative provisions.
What is 'the rule of law'? How do laws get made? Does our legal and political system achieve justice for all Australians equally? Designed for beginners as well as non-law students this text provides a comprehensive and accessible guide to understanding Australia's system of law and government. Dr Keiran Hardy describes how legislation is made, the nature of case law, the hierarchy of courts and the doctrine of precedent. He looks at the role played by politics and the media in shaping law, and he describes founding principles including democracy, liberalism, the separation of powers and federalism. The criminal justice system is explained including criminal offences, police powers, sentencing and punishment, and there is a special emphasis on Indigenous peoples and the law. The book concludes with case studies of cybercrime and counterterrorism legislation to illustrate law reform in action. Each chapter features practical examples, chapter summaries and review questions together with a glossary of key terms. Concise, accessible and up-to-the-minute, this is a vital guide for anyone seeking to understand the complexity of Australian law and government. 'This is an excellent book for a wide audience . . . equally useful for law students, legal studies students in high school and anyone seeking an understanding of how and why the law is as it is. And how things might be improved.' - Nicholas Cowdery, AM, QC, former Director of Public Prosecutions, NSW 'A wonderful text . . . The overall structure and the inclusion of comprehension questions, glossaries and a curated reference list ensure that students can build on their understanding over the course of the book.' - Jackie Charles, Rule of Law Institute of Australia 'This introduction to Australian law is comprehensive, contemporary and accessible. It is a perfect primer for new students requiring a broad understanding of Australia's legal system. From cybercrime to the workings of Australia's parliament, this book has it all.' - George Williams, AO, Dean, Anthony Mason Professor, Scientia Professor, University of New South Wales 'Law in Australian Society' is an ideal text for first year students in criminology, legal studies, policing and related fields. Its easy-to-read format aids students in understanding the complexities and subtleties of the Australian legal system.' - Emma Colvin, Centre for Law and Justice, Charles Sturt University
DNA Evidence in the Australian Legal System by M. Smith Pdf
DNA Evidence in the Australian Legal System discusses the legal issues associated with DNA evidence, ranging from crime scene collection and DNA databases through to its use in criminal trials and appeals. This integrated text explains important legal issues associated with DNA evidence that have developed alongside the science. While there are a number of books available that discuss DNA evidence from a forensic science perspective, this text is one of the few worldwide to focus on these issues from a legal perspective. A wide range of legal issues are discussed, including those associated with the collection of DNA evidence at the crime scene, laboratory analysis, creation of DNA profiles, use of DNA databases, the presentation of DNA evidence at trial, and the use of DNA in the review of convictions and acquittals. Forensic procedures legislation is reviewed, as well as key cases relevant to each of these topics. The text also includes a comparative discussion of developments in key jurisdictions such as the United Kingdom and United States, providing context for current and potential future developments in Australia. It is intended that this book will be an authority on DNA evidence and the law in Australia and an important reference for those studying, working with or researching the topic. This includes professionals such as lawyers, researchers, police, laboratory scientists, policymakers and expert witnesses who work in the criminal justice system, as well as students of law, criminology, criminal justice and forensic science.
Understanding the Australian Legal System by John Carvan Pdf
Understanding the Australian Legal System provides clear and accessible analysis of the Australian legal system's structures and language. Presented in an easy-to-read format that complements the books emphasis on clearly explained basic principles, takes the intimidation out of a first encounter with the study of law.
Author : M. P. Ellinghaus,Adrian J. Bradbrook,A. J. Duggan Publisher : Lexis Law Publishing (Va) Page : 440 pages File Size : 46,5 Mb Release : 1989 Category : Law ISBN : UCSD:31822006420194
Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia by Voraphol Malsukhum Pdf
This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems’ legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.
The Continuity of Legal Systems in Theory and Practice by Benjamin Spagnolo Pdf
The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.
New Directions for Law in Australia by Ron Levy,Molly O’Brien,Simon Rice,Pauline Ridge,Margaret Thornton Pdf
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
Tradition and Change in Australian Law by Patrick Parkinson Pdf
This book examines the tradition of law in Australia & the tension between adherence to tradition & the demands of change & renewal for the legal system. The author argues that the greatest challenge the legal system faces is the challenge of inclusion -- to make the legal system one to which all Australians have access & in which all Australians are able to make their voices heard. The new edition takes account of recently published work in Australian legal history, including the Wik case & the native title debate, the debate about a Republic, changes in the Australian court system, developments in legal reasoning & statutory interpretation, & the problems of access to justice.
